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Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2020-11-17 and last amended on 2020-09-27. Previous Versions

PART VIII.4Employment Insurance Emergency Response Benefit (continued)

Employment Insurance Emergency Response Benefit (continued)

Marginal note:Amount of payment

  •  (1) The amount of the employment insurance emergency response benefit for a week is $500.

  • Marginal note:Provincial assistance — COVID-19

    (2) For greater certainty, if a claimant receives, under a provincial Act or any other provincial mechanism, a sum of money or financial aid of any type and in any form, for reasons related to COVID-19, the weekly amount of the employment insurance emergency response benefit will not be reduced or eliminated.

  • Marginal note:Rate increase — family supplement

    (3) Section 16 and subsections 152.17(1) to (4) apply, with the necessary modifications, to the amount of the employment insurance emergency response benefit.

  • SOR/2020-61, s. 1
  • SOR/2020-88, s. 4

Marginal note:Maximum number of weeks

 The maximum number of weeks for which the employment insurance emergency response benefit may be paid to a claimant is 28 minus the number of weeks, if any, for which the claimant receives an income support payment under the Canada Emergency Response Benefit Act or a Canada emergency student benefit under the Canada Emergency Student Benefit Act.

  • SOR/2020-61, s. 1
  • SOR/2020-141, s. 1
  • SOR/2020-173, s. 2
  • SOR/2020-188, s. 4

Employment Insurance Operating Account

Marginal note:Benefit enhancements under this Act — Emergency Response Benefits

 There shall be credited to the Employment Insurance Operating Account an amount determined by the Minister of Finance that corresponds to the total cost of the employment insurance emergency response benefit under this Act, including all costs related to the benefit and its administration.

  • SOR/2020-208, s. 1

Social Insurance Number

Marginal note:Social insurance number

 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Part, the Social Insurance Number of a claimant who makes a claim under this Part.

  • SOR/2020-61, s. 1

Benefit Period

Marginal note:End of benefit period

  •  (1) A benefit period that was established for a claimant before March 15, 2020 — including a benefit period established in respect of benefits payable under Part VIII — ends the day before the first week for which the claimant is paid an employment insurance emergency response benefit.

  • Marginal note:Reconsideration

    (2) Despite subsection (1), if, following a reconsideration carried out under section 112, a decision that results in a benefit period being established that begins before March 15, 2020 is rendered after the claimant has been paid an employment insurance emergency response benefit, the benefit period does not end and the claimant is deemed to have not been eligible for the employment insurance emergency response benefit by reason of paragraph 153.9(2)(a).

  • SOR/2020-173, s. 3

Marginal note:No reduction

 When a benefit period is being established for a claimant who has received an employment insurance emergency response benefit, in establishing the benefit period, the weeks during which the benefit was paid is not to be taken into account.

  • SOR/2020-61, s. 1

Adaptations

Marginal note:Adaptation of English version of section 44

 For the purposes of applying paragraph 153.6(1)(a), section 44 of the English version is adapted as follows:

Marginal note:Liability to return overpayment

44 A person who has received or obtained an employment insurance emergency response benefit payment for which the person is not eligible, or an employment insurance emergency response benefit payment in excess of the amount for which the person is eligible, shall without delay return the amount, the excess amount or the special warrant for payment of the amount, as the case may be.

  • SOR/2020-169, s. 5

Marginal note:Adaptation of section 50

 For the purposes of applying paragraph 153.6(1)(a), section 50 is adapted as follows:

Marginal note:Eligibility — employment insurance emergency response benefit

  • 50 (1) A claimant who does not provide the Minister with the required information in respect of a claim for the employment insurance emergency response benefit or fails to comply with the requirement under subsection (2) is not eligible for the employment insurance emergency response benefit until they provide the information or comply with the requirement.

  • Marginal note:Making claim or providing information in person

    (2) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for the employment insurance emergency response benefit in person or provide additional information about that claim.

  • SOR/2020-169, s. 5

Marginal note:Adaptation of subsection 52(2)

  •  (1) For the purposes of applying paragraph 153.6(1)(a), subsection 52(2) is adapted as follows:

    • Marginal note:Decision

      (2) If the Commission decides that a person has received money by way of the employment insurance emergency response benefit for which the person was not eligible, or has not received money for which the person was eligible, the Commission must calculate the amount of the money and notify the claimant of its decision.

  • Marginal note:Adaptation of subsection 52(4)

    (2) For the purposes of applying paragraph 153.6(1)(a), subsection 52(4) is adapted as follows:

    • Marginal note:Amount payable

      (4) If the Commission decides that a person was eligible to receive money by way of the employment insurance emergency response benefit, and the money was not paid, the amount calculated is payable to the claimant.

  • SOR/2020-169, s. 5

Marginal note:Adaptation of section 58

 For the purposes of applying paragraph 153.6(1)(b), section 58 is adapted as follows:

Marginal note:Definition of insured participant

58 In this Part, insured participant means

  • (a) an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or an unemployed person who paid, in at least 5 of the last 10 years, employee’s premiums that did not entitle the person to a refund under subsection 96(4); and

  • (b) a claimant who requests assistance under employment benefits and, when requesting assistance, is an unemployed person receiving or who was in receipt of the employment insurance emergency response benefit.

  • SOR/2020-169, s. 5

Marginal note:Adaptation of subsection 112(1)

  •  (1) For the purposes of applying paragraph 153.6(1)(d), subsection 112(1) is adapted as follows:

    Marginal note:Reconsideration — Commission

    • 112 (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in accordance with subsection (4) for a reconsideration of that decision at any time within

      • (a) 30 days after the day on which a decision is communicated to them; or

      • (b) any further time that the Commission may allow.

  • Marginal note:Adaptation of section 112

    (2) For the purposes of applying paragraph 153.6(1)(d), section 112 is adapted by adding the following after subsection (3):

    • Marginal note:Reconsideration of a decision

      (4) A request for reconsideration of the decision must be in writing and contain the following information:

      • (a) the name of the person making the request and their

        • (i) social insurance number or the business number assigned to them by the Minister of National Revenue, as the case may be,

        • (ii) address and telephone number, and

        • (iii) facsimile number and email address, if any;

      • (b) the date on which the decision was communicated to the person;

      • (c) the reasons why the person is requesting a reconsideration of the decision; and

      • (d) any relevant information that was not previously provided to the Commission.

    • Marginal note:Filing of request for reconsideration

      (5) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Employment and Social Development.

  • SOR/2020-169, s. 5
 
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